Terms and Conditions

By visiting our website www.littlebizonline.co.nz and purchasing our products or services, you agree to our following terms and conditions:

Definitions:

In these terms and conditions:

“Project” means the services you engage us to complete.

“Services” means the services as described in 3.

A reference to “we“, “our“, or “us” means Little Biz Online and reference to “you” or “your” means a client of ours or any other person visiting or using the Little Biz Online website.

Terms and Conditions

You agree to be bound by these terms and conditions.

We may amend these terms and conditions from time to time and these changes will be deemed to be immediately incorporated into and form part of these terms and conditions. By continuing to visit and use our website and purchase our services, you will signify your agreement to be bound by the amended terms and conditions. We encourage you to read our terms and conditions and check back often.

Adding functionality to your existing website, including but not limited to:

Online store set up & management (e.g. Woocommerce, Shopify, etc.)

Credit card payment/PayPal/Swipe setup

Donation facility for fundraising

Social media feeds

Forums

Photo/video galleries

Booking systems (for restaurants, clinics, etc.)

Member logins

Password protected content

Optimising your hosting and email solutions

Further details of our services are provided on our website.

Our services do not include management of your Google rankings, content SEO (such as copy writing), or off-site SEO (such as link building and PR).

Prices and payment

Pricing is agreed upfront at either a fixed fee for a service or on an hourly rate of $80. Subject to 4.3, we reserve the right to amend these prices at any time.

Any work we charge our hourly rate for will be charged in blocks of 15 minutes (that is, our hourly rate is divided into four lots of 15 minutes). There is a minimum charge of 15 minutes and we round up to the nearest block.

We will not change the price any service which you have already engaged us to provide as long as the service is provided to you within six months of us providing you with a price for that service.

A 50% deposit for our fixed fee services is payable immediately upon you receiving our invoice. This deposit must be paid prior to us commencing any work on your project.

The balance of our fixed fee services is payable within 30 days of your website going live. For the sake of clarification, a website is deemed to be live when:

The ‘coming soon’ or maintenance screen is removed; or

Your domain name is redirected from your existing website to your new website.

All work charged at our hourly rate will be invoiced monthly unless otherwise agreed and all invoices must be paid within 30 days of the date of the invoice (“the due date”).

Reimbursement for disbursements (such as the purchase of plugins, themes, or stock photography from overseas providers) will be calculated based on the appropriate currency conversion as at the day of purchase on www.xe.com.

Services are to be paid by the payment methods set out in our invoice, which include payment by direct credit to our bank account number 12-3077-0666189-50. If you opt to pay for our services through a Fee Funders payment plan (www.feefunders.co.nz), this section 4 is subject to the terms and conditions of your Fee Funders contract.

We may charge you a penalty of $5.00 per day on invoices you do not pay by the due date. This penalty will accrue daily from the due date until the debt has been paid.

Should our invoice remain unpaid 30 days after the due date, we may employ a debt collection agency. You are liable for the payment of any fees incurred by the debt collectors.

You are also liable for the costs of any other collection fees including court expenses and legal fees and any other relevant expenses (e.g. service of documents) that we incur as a result of you not paying our invoices on time.

Little Biz Online is not registered for GST.

Delivery of services (new websites and fixed projects)

We will begin working on your project at a mutually agreed date, but only upon receipt of the deposit described in 4.3.

A first draft of your website will be delivered to you within the timeframe outlined in your project quote – provided all requested materials (copy, images, etc) have been delivered to Little Biz Online.

We make no guarantee as to the completion date of your project however we will work within a reasonable time frame.

Hosting and domain registration

All domains are registered to an account in your name.

The contract for the domain registration is between you and the domain registrar, and accordingly you are bound by the terms and conditions of the domain registrar. We are third parties to that contractual relationship and require access to the account for technical purposes only.

We do not offer hosting as part of our services.

Third-party hosting contracts are negotiated directly between you and the third-party host and you must abide by the terms and conditions of your hosting contract.

You must list us as a Technical Contact within your hosting account as we will require access to the account for technical purposes only.

You indemnify us for any breach by you of your hosting contract.

Backups

Backups of your website by your third-party host will be subject to the terms of the host in relation to backups. We disclaim all liability from any loss caused as a result of a backup by the third-party host.

We offer regular complimentary backups of your website through the BackupBuddy automation system for WordPress websites, upon receipt of a written request from you for us to perform such backups. These backups require an additional plugin added to your website.

We have the discretion to complete a manual backup of your website as we see fit, unless specifically requested as per 7.2 above.

Restoration of a backup may incur charges from your third-party host. We disclaim all liability for such charges, unless the error or event which has required the restoration occurred during our scheduled maintenance.

Content Management System (CMS) access

You will have full access to the CMS of your website.

Your login to the CMS of your website will be the highest administrative level.

You have the right to amend your website and/or to employ a third-party to amend your website through the CMS.

We reserve the right to have full administrative access to the CMS of your website, unless otherwise agreed in writing.

Content and Image Copyright

You are responsible to ensure that all images or content supplied by you must be free of any copyright restrictions. Ensuring correct copyright licence of material supplied to us is not our responsibility.

Any images purchased on your behalf by Little Biz Online will have appropriate copyright usage for your project.

You will reimburse Little Biz Online for any expenses occured in obtaining copyright licences for your project (see 4.7 in regards to exchange rates). These fees from third party image sources will not be marked up or inflated in anyway.

Images purchased for your project are not to be on sold to any other party.

E-Commerce

We use software from reputable third-party developers for e-commerce websites (“e-commerce software”).

We are not liable for any financial loss caused by technical issues that occur within or due to the e-commerce software.

All payments made in e-commerce websites are directed through a third-party payment gateway (for example, PayPal of DPS Express Payments). We do not configure websites to have payments occur within the website itself.

Any required compliance of encryption or SSL certificates is your responsibility. We can assist you with the application process if requested.

Intellectual Property

Our website contains intellectual property owned by us, including trademarks, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content, in whole or in part, without our prior written consent.

We retain the right to place an unobtrusive back link in the footer of your website which will link to www.littlebizonline.co.nz. If you alter the website significantly from our design, we reserve the right to request the removal of our link.

Disclaimer

We will not be liable to you for any loss you incur as a result of using our services, including (but not limited to) loss of clients or customers, goodwill, reputation, revenue, profits, suppliers, contracts, or any other damage or loss.

We will not be liable to you for any loss that happens because you did not receive or read a communication we sent to you.

Our website and all blog articles, resources, tools and email newsletters (“Our Resources”), are educational and informational resource for businesses and others wanting help with web design, and are of a general nature.

If we feel that you are using our services for illegal or defamatory purposes, we can refuse to provide our services to you.

If as a result of providing you with services we commit a defamatory act, or we infringe on the intellectual property rights of a third party, or we become liable to a third party for any reason, you will indemnify us against all claims, costs, and other expenses we incur as a result.

We disclaim all responsibility from failure of any electronic delivery as a result of any failure in the network service provider or any network protection system which may block delivery.

We disclaim all liability for payment of hosting or domain registration fees.

We disclaim all liability for any error or loss of data incurred as a result of any amendments made to the website by you or a person of your employ. We reserve the right to charge an hourly rate for any work we are required to do to fix such errors.

Disputes

If either we or you wish to raise a dispute with the other in connection with any services provided by us, then that party shall set out their dispute clearly in writing and promptly deliver notice of the dispute to the other party. We will meet with you in good faith within 5 working days of notice of the dispute being received.

If after meeting together we are unable to resolve our dispute with you, the dispute will be referred to mediation. The mediator will be chosen by agreement between you and us, or if we cannot agree, by the President of the New Zealand Law Society or the President’s nominee.

If we cannot reach agreement at mediation, the dispute will be referred to an arbitrator. The arbitrator will be chosen by agreement between you and us, or if we cannot agree, by the President of the New Zealand Law Society or the President’s nominee.

We will at all times act in good faith and cooperate with you to resolve the dispute, and you agree to do the same.